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HomeMy WebLinkAbout10/04/2004 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 October 4,2004 Held 20 Mayor Chinnici-Zuercher called the regular meeting of Dublin City Council to order at 7:00 p.m. on Monday, October 4,2004 at the Dublin Municipal Building. PLEDGE OF ALLEGIANCE Mr. McCash led the Pledge of Allegiance. 'l>,~ ROLL CALL Present were: Mayor Chinnici-Zuercher, Vice Mayor Lecklider, Mr. Keenan, Mr. McCash and Ms. Salay. Mr. Reiner arrived at 7:10 p.m. Mrs. Boring was absent (excused). Mayor Chinnici-Zuercher noted that Mrs. Boring is absent this evening due to the recent death of her mother. Mrs. Boring asked that her appreciation be conveyed to everyone who sent cards and flowers. Staff members present were: Ms. Brautigam, Ms. Readier, Ms. Grigsby, Mr. Ciarochi, Mr. McDaniel, Ms. Puskarcik, Ms. Crandall, Mr. Bird, Mr. Hahn, Mr. Hammersmith and Chief Epperson. APPROVAL OF MINUTES Vice Mayor Lecklider moved approval of the minutes of September 20,2004. Mr. Keenan seconded the motion. Vote on the motion: Ms. Salay, yes; Vice Mayor Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, abstain. CORRESPONDENCE The clerk reported that a Notice to Legislative Authority was sent regarding a new D3 permit for Ted's Montana Grill at 6195 Sawmill Road. There was no objection to the issuance of the permit. SPECIAL RECOGNITION/PROCLAMATIONS Mayor Chinnici-Zuercher, on behalf of Dublin City Council, proclaimed the month of October 2004 as "Breast Cancer Awareness Month" in the City of Dublin and encouraged citizens to follow the health precautions for reducing their risk for breast cancer. Ms. Brautigam noted that she would request the City's wellness program staff to develop an employee education plan to coincide with the focus of the national Breast Cancer Awareness campaign. CITIZEN COMMENTS Wallace Maurer. 7451 Dublin Road, stated that, as always, he experienced pleasure and appreciation as he journeyed to tonight's City Council meeting along the most attractive municipal roadway in the country - Emerald Parkway. The roadway was certainly engineered by a wizard capitalizing upon 6,000 years of cultural experience behind him. If Cardinal Health should become a "son of Enron," the campus could be abandoned. That campus, which exceeds in luxury and brilliance Sadaam Hussein's twelve palaces, could become an amazing municipal campus. LEGISLATION INTRODUCTION/FIRST READING - ORDINANCES B/D ACCEPTANCE Ordinance 67-04 Accepting the Lowest/Best Bid for the Shier Rings Road Stormwater System Improvements, and Declaring an Emergency. Ms. Salay introduced the ordinance. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 UctoDer 4, LUU4 t-'age L Held 20 Mr. Hammersmith that the Stormwater Master Plan originally provided for this to be a piped project to alleviate flooding adjacent to the Service Center, as it existed a few years ago. With the recent stormwater management improvements that have occurred in the area along with the Ballantrae development and the construction of the new Service Complex, the problem has been alleviated to the extent that a simple channel improvement is sufficient. The existing channel will be cleaned and restored at a much lesser cost than was originally programmed for the project. Staff recommends the project be awarded to the low bidder, Righter Company, and that the legislation be passed by emergency to enable the project to be completed before winter weather commences. Mr. Keenan inquired if Cosgray Creek is also called Cramer Ditch. Mr. Hammersmith responded that they are not the same. This project involves Cosgray Creek along the south side of Shier Rings Road from Ballantrae to the Service Center and the channel along the east side of the old Service Center driveway to the point it ties into the Cosgray Creek. Mr. Keenan inquired if there are also issues with Cramer Ditch. Mr. Hammersmith stated that there was a similar situation; however, the Ballantrae stormwater management plan has significantly improved the situation. Previously, there were recurring problems along Rings Road east of Wilcox Road. Mr. Reiner moved to dispense with the public hearing and treat this as emergency legislation. Ms. Salay seconded the motion. Vote on the motion: Vice Mayor Lecklider, yes; Mr. Reiner, yes; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Ms. Salay, yes. Vote on the Ordinance: Mr. McCash, yes; Vice Mayor Lecklider, yes; Ms. Salay, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes. WAIVING COMPETITIVE BIDDING Ordinance 68-04 Declaring the Procurement of, Installation of, and Service to Conduit and Optical Fibers as "Single Source" Procurement, Waiving Competitive Bidding Requirements and Authorizing the City Manager to Enter into an Agreement with Columbus Fiber Net, LLC for the Purpose of Expanding the "Dublink" System, and Declaring an Emergency. Mr. McDaniel stated that this project was discussed comprehensively during the Capital Improvements Projects budget process. At that time, Council determined to schedule the project in 2005. This legislation would enable staff to proceed with procurement with the intent of beginning construction in late 2004. This project can be initiated by using a portion (approximately $500,000) of the CIP funds available for utility improvements budgeted for 2003 and 2004. Mayor Chinnici-Zuercher inquired about waiving the competitive bidding requirement. Although the City has worked with Columbus Fiber Net, LLC on development of this project, and they performed the previous DubLlNK work, are there other companies who also do this kind of specific work who might be interested in bidding on the project? What constitutes the definition of expansion of an existing project versus a new project of similar work? Mr. McDaniel responded that he has had extensive discussions with the Legal Department regarding -this issue. First, it is viewed as an expansion of the existing system because the Columbus Fiber Net system is the only conduit system with fiber that attaches to the existing DubLlNK system. This project requires procurement of additional fiber to add to the existing system. Second, is the bid satisfactory? Staff has conducted price comparisons with the cost of past projects that involved deploying fiber and directionally boring conduit, and the prices appear reasonable. The estimate of $3.3M is for 72+ miles of plant and includes installing fiber in the existing conduit system. A portion of the system already has fiber. The amount, in effect, works out to be $8.78 per linear foot, including the RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO 10148 October 4,2004 Page J Held 20 conduit and the fiber. There are 96 fibers throughout the system. The breakdown of that figure is: (a) $2.92/linear foot for the fiber - cost of the fiber, placement of the fiber, splicing the fiber and a service retainer for five years, and (b) $5.85/linear foot for the conduit the fiber lies within. In comparison, a recent quote for directional boring of fiber with much less fiber was $25 per linear foot. The $8.78 "'.>. amount would be one-third of that cost. In Dublin's franchise agreement and right- of-way legislation, existing DubLlNK conduit costs $1 0.21/1inear foot - that is empty conduit containing no fiber. Columbus Fiber Net empty conduit costs from $1 O/linear foot to $11.20/linear foot. Mr. McDaniel also conducted a price comparison with AEP, which was considering directional boring and installation of 96 fibers within Dublin -- the cost totaled $50/linear foot. Two years ago Dublin had more than 96 fibers installed within existing conduits to connect the City buildings. The cost was $4.50/linear foot. In conclusion, the conduit, 96 fibers spliced and pulled, and the service retainer, all of which will easily connect to the existing system, for a price of $8. 78/linear foot is an excellent price. His theory regarding the reason for the good price is that Columbus Fiber Net's warehouse was stocked with fiber a couple of years ago, but since then, the telecommunications industry has significantly slowed. Dublin's project presents an opportunity for them to move their product. Mr. Keenan inquired about the existing number of miles of conduit. Mr. McDaniel responded that Dublin has approximately 16 miles of existing conduit. There will be 72 miles of expansion. Mr. Keenan inquired how the WiFi system would integrate with the DubLlNK system. Mr. McDaniel responded that the WiFi is a radio based, wireless system, which collects video streaming data through radio waves. That system is only effective if there are fiber optics to download to and "backhaul" the signal. The radio data is collected, interconnects with the fiber, and the fiber carries it to a point of presence where it interconnects with the world. Expansion of the DubLlNK system is an integral part of several issues - government use, support to the WiFi project, and support to potential economic development projects. Vice Mayor Lecklider inquired if this reflects a doubling of the project as discussed earlier. Mr. McDaniel responded that it does. The original quote was for $2.5 million for an entire system of 48 fibers. Council asked for a price estimate on doubling the number of fibers. The cost difference was $800,000. Mr. Reiner inquired if this would be a much more secure method of transferring information. Mr. McDaniel responded that it is. It is 100% underground, which is much more physically secure. Mr. Reiner inquired if it would be as safe as satellite transmission of information. Mr. McDaniel responded that it is difficult to compare the two. They both have issues -- for instance, cloud cover can affect satellite transmissions. Security would be related to either software or physical issues, and this system is very secure. He recently briefed the regional Homeland Security committee that distributes funds for homeland security efforts. He suggested that the government consider this method of interconnecting dispatch centers and emergency operations centers. They indicated interest. There will be a second reading/public hearing at the October 18 Council meeting with a request for passage by emergency. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 Uctober 4, ~UU4 t-'age 4 Held 20 CODE AMENDMENT Ordinance 69-04 Amending the Development Standards and Approval Criteria in Section 153.115 of the Dublin Codified Ordinances (Zoning Code) - Corridor Development District. ~;"...dt Vice Mayor Lecklider introduced the ordinance. Mr. Bird stated that this ordinance provides clarification of existing regulations regarding design, site improvement and signage within the Corridor Development District (COD). The regulations for the Corridor Development District were written in 1978. This amendment would be referred to the Planning Commission for review. Following their review, the ordinance would return to City Council for a second reading and public hearing. Ms. Salay stated that she recalls some issues in enforcing COD guidelines that occurred when she served on the Planning Commission. Have there been recent issues that have indicated a need to clarify the guidelines? She would view the ordinance as an opportunity to "tighten" the guidelines more than the ordinance proposes. Mr. Bird responded that, recently, some developers have raised questions about the COD regulations. Ms. Readier stated that in the past Legal has used the general provisions of the City's development standards as authority to look at architectural design and certain signage components. While a more thorough review can be undertaken for the entire Corridor Development District, this legislation would clarify the regulations regarding design, site layout and signage. Ms. Salay stated that this would put the COD review at a midpoint between the Zoning Code, which has more lenient guidelines and the PUD regulations, which are more discretionary. Ms. Readier responded that COD regulations provide an additional layer of review. This amendment will clarify that review of architectural design and signage is a component of the COD review. Mr. Keenan inquired about the timing of this amendment. Would it apply to those applications currently under preliminary review by staff? Mr. Bird indicated that it would. Vice Mayor Lecklider inquired why the City's general regulations regarding signage would not be applicable in Corridor Development Districts. Why is an additional ordinance necessary? Ms. Readier stated that in recent weeks, the City has experienced challenges regarding the Planning Commission's right to include signage in a COD review. The argument is that their signage must comply with the Dublin sign code, and ~. nothing more. This amendment clarifies that in addition to compliance with the City's signage regulations, a review of the signage package will be part of the COD review. Vice Mayor Lecklider stated that this ordinance would then provide P&Z with discretionary review over and above the basic requirements of the current Code. Mayor Chinnici-Zuercher stated that currently, even without this ordinance, the applicant must comply with Dublin's sign code. What does this ordinance achieve? RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO 10148 Octooer 4, LUU4 t"'age ::> Held 20 Ms. Brautigam responded that it requires the applicant to indicate the signage plans at the outset. If the applicant should agree to something more strict than the ~,'" general sign code, the applicant could not come back later with a different plan that may still comply with general signage regulations. It is the "indicate" requirement that is new. Mr. McCash inquired about the scenario in which a present tenant in an existing building in a COD desires to install a new sign. Could they apply for a sign permit for a new sign that meets Dublin's sign code, or must they go through a COD review first? This language would seem to indicate the latter. Would it be possible for an applicant to agree to one signage plan as part of the COD review, then 30 days later, apply for a sign permit and erect a sign substantially different from what was approved by P&Z? Mr. Bird responded that in a COD review, a package is approved, which relates to architectural design, site layout and signage. If any part of that package were proposed for change, it would require P&Z approval. Mr. McCash responded that if it were an existing tenant in an existing building whose sign was not approved as part of a COD, they would not be required to do so. That creates a situation in which one business would be treated differently than another. Ms. Brautigam responded that is exactly the issue. Existing buildings would not be required to undergo a COD review for a new sign. If the current sign code is not adequate to handle such situations, it should also be amended. If it is adequate, but the City desires that tenants of existing buildings undergo a COD review for a change in signage, then the Planning Commission would need to modify the language in this ordinance referring to City Council. Mr. McCash stated that it would not be appropriate to put a new development in a COD at a disadvantage due to a timing issue. Mayor Chinnici-Zuercher requested that Planning staff forward a copy of the minutes reflecting Council's concerns to the Planning Commission for their review of this ordinance. Mr. McCash stated that the COD was established in the late 1970's. At that time, it was an isolated location on the western edge of development. Previously, Council has discussed extending the Corridor Development District (COD) to include other areas along SR 161/US 33 and north of 1-270. This addresses straight-zoned districts. There are many straight-zoned districts along SR 161, e.g., the former Chi Chi's site. He inquired if it would be strategic to consider expanding the COD to include some of the other areas along the major east-west connector through Dublin. Mr. Bird stated that the COD is an overlay district and it would be appropriate to provide the same type evaluation for those other areas. Mr. McCash stated that Council previously identified a desire to do so, but did not assign it as a high priority. Perhaps the Planning Commission could discuss a possible expansion of the COD. Ms. Brautigam noted that it would be appropriate to include that topic in the Community Plan update. If the Community Plan review identifies expansion of the COD as a desirable change, the City could begin the process. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO 10148 UctoDer 4, ~UU4 t-'age 0- Held 20 Mr. McCash stated that it is essential not to delay too long, as there is significant development activity along that corridor. The City should take advantage of the opportunity for a COD review. Vice Mayor Lecklider moved to refer the ordinance to the Planning and Zoning Commission for review. Ms. Salay seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes. ECONOMIC DEVELOPMENT AGREEMENT Ordinance 70-04 Authorizing the City Manager to Enter into an Economic Development Agreement with Battelle Memorial Institute, and Declaring an Emergency. Ms. Salay introduced the ordinance. Mr. McDaniel stated that Battelle Memorial serves government and industry in developing new technologies and products. Battelle has secured a new research and development contract and desires to relocate 25 jobs to Dublin from within the region, as well as add approximately 55 new jobs within the next two years. Battelle has tentatively selected Dublin for its location, pending approval of this agreement, as the City's available building space and zoning coincides with Battelle's needs. The details of the City's offer are provided in the staff report. There will be a second reading/public hearing at the October 18 Council meeting with a request for passage by emergency. B/D ACCEPTANCE Ordinance 71-04 (number corrected from 66-04) Accepting the Lowest/Best Bid for the Hayden Run Retaining Wall Repair Project, and Declaring an Emergency. Ms. Salay introduced the ordinance. Mr. Hammersmith stated that this is a repair project that Council has discussed on several occasions. The failing stone veneer on the retaining wall that runs along the north side of Hayden Run Road within Dublin's corporation limits will be removed and replaced with a new stone veneer. The new veneer would replicate that which has been used successfully on several of Dublin's bridges and elsewhere throughout Dublin. Staff requests passage by emergency so that the repairs can commence immediately. Ms. Salay moved to dispense with the public hearing and treat this as emergency legislation. Vice Mayor Lecklider seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes. Vote on the Ordinance: Mr. McCash, yes; Mr. Keenan, yes; Vice Mayor Lecklider, yes; Mr. Reiner, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes. INTRODUCTION/PUBLIC HEARING - RESOLUTIONS UTILITY EASEMENT Resolution 38-04 Authorizing the City Manager to Execute an Easement with Columbia Gas of Ohio, Inc. for a 20-Foot Wide Easement along Brand Road, in the Parkland of Westbury, Phase 3, Section 1, for System Improvements. Vice Mayor Lecklider introduced the resolution. Mr. Hammersmith stated that the details are included in the staff report. Staff recommends passage. Vice Mayor Lecklider inquired if staff anticipated this action. Mr. Hammersmith responded that if Columbia Gas had anticipated the need for the easement they would have communicated it to staff, and staff would have RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO 10148 October 4, LUU4 page ( Held 20 planned accordingly. Unfortunately, it is an unanticipated need that has occurred as a result of their expanding system. The only alternative is to place the infrastructure in the road right-of-way, which staff does not recommend. Due to the fact that Columbia Gas has requested the easement now, staff anticipates their proceeding with the construction yet this year. Vice Mayor Lecklider inquired if the construction would likely be completed by early next spring. Mr. Hammersmith responded that is expected. The City will monitor both the installation and the restoration. Vice Mayor Lecklider noted that the residents in that area might experience some angst over their property setbacks being disturbed. Mayor Chinnici-Zuercher inquired if the City could request that Columbia Gas distribute memos to the residents in this area and also include a notice in the local newspapers. Mr. Hammersmith responded that would be a good idea, particularly as there is no established homeowner association to inform the residents. Vote on the Resolution: Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici- Zuercher, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes; Ms. Salay, yes. OTHER . Final Plat - Bishop's Run, Section 1 (Case No. 04-036FP) Mr. Bird stated that the details are included in the staff report for Section 1. Mr. Reiner referred to the landscape plan and recommended that the applicant replace the White Pine with Colorado Blue Spruce, Colorado Green Spruce, or Norway Spruce. Plantings of White Pine in this region are experiencing some failures. The three spruce varieties are relatively disease free. Ms. Salay inquired if there is another pine variety, Austrian Pine, which appears to be hardy for approximately ten years, then fails. Mr. Reiner stated that in the corridor running south from Delaware County an airborne disease is affecting primarily Austrian Pines, Red Pines, and Scotch Pines. This has seriously limited the available choices. He noted that the landscape plan also indicates extensive use of the Amelanchier (Serviceberry), which is a tree that prefers partial shade. He would recommend conferring with the City's horticulturist regarding possible substitution. He noted that the Amelanchier does not provide much screening; it has light, airy foliage, and is typically used for a decorative purpose. If the purpose of its use in this plan is to screen and buffer the mounds, it is not the best choice. He added that Kwanzan Cherry is also problematic, as it requires spraying. He recommended that the City's horticulturist suggest a substitution. Ms. Salay stated that this is a final plat, and occasionally Council receives a final plat after the landscaping has been installed. Is it possible these trees have already been installed? Mr. Bird responded that he does not believe the landscaping has been installed. Therefore, staff should be able to take these recommendations back to the applicant and also check with the horticulturist regarding substitutions. Mr. McCash moved to approve the final plat with the amended conditions: (1) Substitute White Pine with Colorado Green or Blue Spruce or Norway Blue Spruce, and (2) Substitute Amelanchier (Serviceberry) and Kwanzan Cherry with appropriate species following consultation with the City horticulturist. Ms. Salay seconded the motion. Vote on the motion: Mr. Keenan, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes; Ms. Salay, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes. . Final Plat - Bishop's Run, Section 2 (Case No. 04-034FP) RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO 10148 UctoDer 4, LUU4 t"age ~ Held 20 Mr. Bird stated that Section 2 is adjacent to Section 1 with the same landscape issues as noted by Mr. Reiner. Mr. Reiner noted that it appears that some of the Sweet Gums being installed in Dublin are from Tennessee. It is questionable whether they would survive one of Ohio's harsher winters. He requested that staff inspect the plant materials to ensure their growth in this zone, and avoid the risk to the City of having to replace the plant material if it should freeze out after the one-year warranty. Mayor Chinnici-Zuercher stated that the Final Plat for Section 2 would be voted on with the conditions amended as for the previous plat, which are: (1) substitute White Pine with Colorado Green or Blue Spruce or Norway Blue Spruce, and (2) substitute Kwanzan Cherry and Amelanchier (Serviceberry with appropriate species following consultation with the City horticulturalist. Vote on the plat: Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes. . Miracle Baseball League Mr. Hahn stated that recently the City was approached by Dublin resident, Mr. Terry Lyden, with the request to consider the idea of constructing a special needs baseball field in one of the City parks. The field would be utilized by an organization called "Miracle League," which was formed to provide children with various degrees of disabilities the opportunity to play baseball on fields constructed to accommodate their special needs. Mr. Lyden is proposing to raise the money and help coordinate the construction and associated site amenities. Staff suggests this field could be included in the planned expansion of Darree Fields. The master plan for that expansion has not been finalized, so this could be incorporated into the plan. He added that a copy of the same video aired last week on the 'Today" show will be shown to Council at this time, and he and Mr. Lyden are available to answer questions following the video. [Council views video clip] Terrence W. Lyden, 6347 Memorial Drive, Dublin, stated that the Miracle League, which has been in existence approximately five years, was started in a suburb of Atlanta. Since then, ball fields have been growing across the country, although, presently, there are no such fields in the state of Ohio. Approximately three months ago, he decided to begin the Central Ohio Chapter of the Miracle League. The Central Ohio Chapter is attempting to privately raise $400,000-$500,000 towards the cost of a ball field. The actual cost cannot be determined until a site has been selected and more specific plans identified. Miracle League fields are constructed with astroturf. The advantage of this type of field to the City is that the field can be used for more than one purpose. As he has presented his request for support around the state, he has received many positive responses. They are now partnering with various companies to achieve a common goal. He met previously with Mr. Hahn and with Mayor Chinnici-Zuercher to request the City's participation, and with the Mayor's referral, he also met with Don Hunter of Duke & Associates. Mr. Hunter is present tonight as a partner in this effort. Mr. Lyden's research indicates that there are approximately 20,000 children in the central Ohio region with mental or physical disabilities that would preclude them from playing baseball. He is hopeful that Dublin City Council will share a similar interest in the Miracle League and give consideration to a private/public partnership in order to build a field and have it operational as soon as possible. Mayor Chinnici-Zuercher stated that one of the reasons many families move to Dublin is its excellent school system, which includes many specialized programs. It has one of the best special needs programs in the state. A certain percent of the students in those programs would be interested in playing baseball. She added that, as Mr. Lyden noted, the field would not be limited to the use of children in the RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO 10148 uctooer 4, LUU4 t-'age ~ Held 20 Miracle League. Adults with disabilities and children without disabilities could also use it. The future vision for the field can be discussed later, however. She noted that the City already enjoys partnerships with other youth athletic leagues, and it" they participate in developing the City's fields. This would involve another non- profit organization's help in financing and development of a specialized field. She Ji;;<. >l added that because she was aware of Mr. Hunter's past interest and participation in similar projects for special needs children, she suggested that Mr. Lyden and Mr. Hunter meet. She is pleased that Mr. Hunter has become interested and involved in the development. Mr. Reiner inquired if the Ohio chapter intends to appropriate the $400,000 towards building the field. Mr. Lyden responded that is the intention. Mr. Reiner expressed support for the idea and suggested that Council take a lead in the effort. Mr. McCash stated that he also finds the project interesting. His only concern is the security of the field if located at Darree Fields. Could there be another site that would provide more security? Mr. Hahn responded that he understands his concern, however, one of the advantages of Darree Fields is that there is so much similar activity there, and this field would complement the overall park. Although there might be a slightly greater risk of vandalism, to date, the minor amount of damage to the fields has come primarily from off-road vehicles. However, fencing in the ball fields should resolve that issue. He added that the timing of this request could not be better, given the fact that the City had already planned an expansion of the ball fields at Darree Fields, and that plan had not been finalized. Mr. Keenan inquired if the surface would be similar to that in the handicapped accessible area of Homestead Park. Mr. Lyden responded that this type of surface has a lifetime warranty. It must be power washed every two years and repainted every ten years. Council consensus was that in cooperation with the Miracle League of Central Ohio, the City would participate in the effort to provide a fully accessible baseball field for special needs children. Staff will pursue inclusion of the field in the master plan for expansion of Darree Fields. CITY MANAGER/STAFF REPORTS . Discussion re CEDAs Ms. Brautigam stated that at the August meeting with the Jerome Township trustees and board members, the Township and City representatives agreed to meet separately to discuss what issues each entity wished to include and/or address as part of the ongoing CEDA discussions. Ms. Brautigam agreed to contact the Township chairman in early October to discuss the items that could be included in a Cooperative Economic Development Agreement (CEDA) between Dublin and Jerome Township. She has met with Ms. Grigsby and Mr. McDaniel to discuss ideas. She also met with Ms. Readier, and they developed the CEDA outline that is included in Council's packet of information. Ms. Brautigam reviewed the outline topics, which included: annexation; services Dublin and Jerome Township would provide in the CEDA; service payments to the Township; major concerns of Dublin concerning development in the CEDA; and items subject to existing water and sewer agreements involving Columbus and Union County. She RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO 10148 uctDoer 4, LUU4 t"age 1 U Held 20 added that based on Council's direction tonight, she will share these points with the Jerome Township chairperson and determine if the Township would be interested in moving forward on a CEDA. Mr. Reiner stated that it is a well thought-out outline. He is glad to hear the Township is interested in conservation design. However, he is concerned about the overall impact of development if Dublin will provide essentially all of the services - police, trash pick-up, and street maintenance. He would prefer to see the City provide the planning services. He is also concerned whether the City will receive the necessary tax revenue to provide those services. Ms. Brautigam responded that the City receives most of its revenue from income taxes. Therefore, the City would want to concentrate first on the commercial areas where revenue would be generated. Unfortunately, most of the commercial areas are already developed. The City is researching ways to encourage annexation. Discussion continued regarding development in the CEDA area. Ms. Salay inquired if Jerome Township is willing to cede the fire services to Washington Township. That is probably their biggest expenditure. Ms. Brautigam stated that Council has consistently expressed their desire for every Dublin citizen to receive the same level of fire services, those that are provided by Washington Township currently. In this case, Jerome Township would continue to receive their property tax revenues and can use that money to fund their existing fire department. That fire department, however, would not respond within the City limits of Dublin. Mr. McCash inquired if Dublin as part of Washington Township could ultimately end up paying more later to cover the CEDA areas, as there are no fire levies to support service in that area. Ms. Brautigam stated that the situation would necessitate a third-party agreement between Dublin and Washington Township with Dublin agreeing to reimburse Washington Township for the cost of services provided to that area of Dublin. Dublin would need to ensure that the revenues are sufficient to cover fire service as well as the other services the City will provide in that area. Mayor Chinnici-Zuercher inquired about the source of revenues for those services which Dublin would provide to the Township. Ms. Brautigam responded that it would come from Dublin's share of the property taxes, which would be quite small, and income tax from businesses and residents that are annexed. Ms. Salay stated that the primary considerations of the two parties are: the Township's interest in revenue and retaining its identity and the City's interest in obtaining zoning control and consistent fire services to all Dublin residents. Although the CEDA wouldn't benefit Dublin initially, there should be a long-term benefit. Mr. Keenan stated that the corridor development is the critical issue. If the City can attract high quality development to that corridor, there should be enough tax revenues for all. If that doesn't occur, the CEDA doesn't work for Dublin. . Public Hearing re OSU Airport Study RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO 10148 UctoDer 4, ~UU4 t-'age -11 Held 20 Ms. Brautigam stated that Mr. Hammersmith would attend a public hearing on October 13 concerning the O.S.U. Airport Study. If Council desires, he can provide additional information on that meeting. Mayor Chinnici-Zuercher responded that Council would want to receive a follow-up .liii> report on the meeting. . Historic Dublin Team Report Ms. Brautigam stated that an in-house team has been working on ideas for Historic Dublin. That team will be ready to present its report to Council in late November/early December. There are three Mondays that remain open for Council - November 22, November 29 and December 6. Council consensus was to schedule the Historic Dublin report for Monday, November 22. Mr. Reiner inquired if part of the report would relate to economic development in the Historic District, such as a search for small restaurants. Ms. Brautigam responded that the report does not address economic development, however, topics will be discussed which do impact economic development. The team has not held public hearings, so their intention is to receive Council's recommendation for a groundwork. In addition to that, Council can determine if there is a need to form a committee or task force to move to the next step. She added that the objective was for an in-house team to cover as much ground as possible before interested stakeholders became involved. She added that an additional component to this discussion is that Leadership Dublin has selected Historic Dublin as one of its four projects this year. Carson Combs, who serves on the in-house team, will be working with Leadership Dublin. Mr. Reiner noted that in Charlevoix, MI, the city has an annual planting project to beautify the City. He suggested Dublin consider that as an annual one day project. He would like Dublin's Historic area to look like those of Grandview and Worthington. Ms. Brautigam stated that the City's in-house team has toured other communities to obtain ideas for Dublin. They began their study with no preconceived ideas and have tried to "think outside the box." Their report should be interesting. Mr. Reiner noted that Historic Dublin needs two additional restaurants to achieve the synergy the district needs. Ms. Salay stated that if Leadership Dublin has made the Historic District one of their projects, what is their angle or focus? Ms. Brautigam will obtain that information for Council. Ms. Salay inquired if it is staff's intent to dovetail this study into the new Community Plan study. Ms. Brautigam responded that is staff's intent. COUNCIL COMMITTEE REPORTS . Report from Public Services Committee re No Smoking Legislationl Draft Legislation RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO 10148 Uctober 4, LUU4 page 1 L Held 20 Ms. Salay stated that the Public Services Committee met last Monday, September 27, to discuss the proposed clean indoor air legislation. The committee discussed the proposed ordinance and a revised ordinance was provided in tonight's packet. She noted that Scott Dring of the Dublin Convention & Visitors Bureau contacted her and shared that he had discussed the proposed legislation with area hotel .... managers. The hotel managers indicated to him that a 15 percentage of smoking rooms would be adequate for the hotels. Mr. Dring indicated that he would be willing to testify to that fact. Therefore, in the ordinance section relating to hotels and motels, the number can be reduced from 20 percent to 15 percent. Ms. Chinnici-Zuercher stated that Council previously determined that two public forums would be held regarding the issue, one for the business community and one for the general community. Staff has suggested that the two could be combined. Ms. Salay stated that meetings on October 11 for the general community and on October 25 for the business community have been advertised. Ms. Salay encouraged all Council members to attend those meetings as the substantive work on crafting the ordinance would occur immediately following those meetings with the intent of a having a second reading/public hearing at the November 15 Council meeting. It would defeat Council's purpose to begin discussion of the ordinance at the November meeting. Vice Mayor Lecklider referred to Section 4 of the ordinance and inquired clarification of the language, "This ordinance shall take effect at the earliest possible date allowable by law." The Clerk responded that the legislation contains the standard language, which is consistent with the City's charter. As the ordinance currently reads, the effective date would be 30 days after passage of the legislation. If Council desires to waive the 3D-day period, the ordinance would need to be amended to allow passage by emergency. It does not presently contain emergency language. The language could also be amended to make the legislation effective at a later stipulated date. Mr. McCash stated that another municipality has adopted similar legislation with a January 1, 2005 effective date. Mr. Maurer inquired about the protocol for passage of legislation. If an ordinance at its first reading contains language requesting authorization to dispense with the second reading/public hearing, does that mean that public testimony would then be taken at the first reading? Is the public comment opportunity the same for all other agenda items -- Resolutions, Other Items, City Manager/Staff Reports, etc? Mayor Chinnici-Zuercher responded that it would be. Mr. Maurer referred to the No Smoking legislation. He has read Dr. Crane's letter to the City's Law Director, and, to him, one fact wilts all opposition, and that is the statistics. There is no need to argue the case, but instead the education and health statistics should be provided. COUNCIL ROUNDTABLE Mr. Keenan: 1. Stated that there is a need to schedule a Finance Committee meeting to discuss the fee waiver policy for the Dublin Arts Council. He will contact fellow committee members to schedule that meeting. Mayor Chinnici-Zuercher stated that she has recently discussed this issue with Ms. Puskarcik, as some issues related to vendors at the Arts Festival came to light. Ms. Puskarcik reminded her that this is a part of a larger discussion that needs to occur concerning the fee waivers for other events occurring in Dublin. Mayor RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 Held 20 Chinnici-Zuercher requested the Finance Committee discuss that issue with Ms. Puskarcik and policy application to the Dublin Arts Council, as well as other events. With the reduction in bed tax funds over the past few years, there is less funding for the City to grant towards the cost of City services for these events. ... Ms. Salay stated that she did not receive the notice that other Council members received regarding a meeting tomorrow evening concerning the new hospital. She has conflicting plans for a meeting with Kendall Ridge residents, and wanted to verify that there would be sufficient Council representation at the hospital meeting. Mayor Chinnici-Zuercher responded that multiple hospital meetings have been scheduled. Council members could select one to attend. Mr. Keenan stated that this meeting is the last of three focus group sessions. He also planned to attend the Kendall Ridge meeting. Mayor Chinnici-Zuercher stated that the hospital meeting is solely informational, and Council representation is not necessary. A survey concerning optional hospital services is distributed, however, which she recommends all Council members complete. That survey could be obtained through email, however. ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session for the discussion of personnel and land acquisition matters at 8:55 p.m. Mayor Chinnici-Zuercher noted that the meeting would be reconvened only to formally adjourn. No further action will be taken. Ms. Salay seconded the motion. Vote on the motion: Mr. Reiner, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes. The meeting was reconvened at 9:45 p.m. and formally adjourned. ~(2.~~ Clerk of Council